I just finished building a house and now i'm being SUED by the back yard neighbor!

[baylor3217]

What is the name of your state? Texas

Was served papers this morning. Here's the quick summary:

Got served papers this morning by certified mail.

In short, it claims "I"
1) caused them to cancel parties
2) During heavy rain, much dirt from my house slid down under the fence into their backyard causing damage to their grass from the mud
3) "I" did damage to "their back yard fence"
4) "I" created a significant amount of mosquitoes to appear in their backyard


They want $2,000 plus several thousand dollars for various repairs (yard, fence, etc) from me.

I am aware of none of this and just moved into the house. Isn't this something i should tell them to kindly reach out to my home builder?

I've never heard of something like this.

Thanks

 

[justalayman]

What is the name of your state? Texas

Was served papers this morning. Here's the quick summary:

Got served papers this morning by certified mail.

In short, it claims "I"
1) caused them to cancel parties
2) During heavy rain, much dirt from my house slid down under the fence into their backyard causing damage to their grass from the mud
3) "I" did damage to "their back yard fence"
4) "I" created a significant amount of mosquitoes to appear in their backyard


They want $2,000 plus several thousand dollars for various repairs (yard, fence, etc) from me.

I am aware of none of this and just moved into the house. Isn't this something i should tell them to kindly reach out to my home builder?

I've never heard of something like this.

Thanks

Did you hire the builder to build your home or did you purchase home from the builder. It can be difficult to determine which applies in some cases. With he latter it doesn’t mean you wouldn’t have had input to the building of the home.

 

[quincy]

What is the name of your state? Texas

Was served papers this morning. Here's the quick summary:

Got served papers this morning by certified mail.

In short, it claims "I"
1) caused them to cancel parties
2) During heavy rain, much dirt from my house slid down under the fence into their backyard causing damage to their grass from the mud
3) "I" did damage to "their back yard fence"
4) "I" created a significant amount of mosquitoes to appear in their backyard


They want $2,000 plus several thousand dollars for various repairs (yard, fence, etc) from me.

I am aware of none of this and just moved into the house. Isn't this something i should tell them to kindly reach out to my home builder?

I've never heard of something like this.

Thanks

If you are the named defendant in the lawsuit, you will have to respond to the complaint.

You can move for dismissal if you are not responsible for any damages claimed by the neighbor (and most of the damages claimed are not compensable anyway). It appears that your builder is the appropriate defendant.

What an unwelcome "welcome to the neighborhood" you received.

 

[Zigner]

Your homeowner's insurance *might* help in this type of situation.

 

[baylor3217]

Did you hire the builder to build your home or did you purchase home from the builder. It can be difficult to determine which applies in some cases. With he latter it doesn’t mean you wouldn’t have had input to the building of the home.

It was an empty lot that the builder i hired built on.

 

[justalayman]

While the contractor would generally be liable for his own actions, depending on all,the facts you could have liability as well. If you directed the contractor to take an action that led to the damage you could become liable, That means it isn’t as simple as telling the neighbor to contact your builder.

 

[quincy]

Your homeowner's insurance *might* help in this type of situation.

It certainly would be worth a call to the insurance agent.

 

[Gail in Georgia]

Oh gee, the suffering from not having being able to have parties and having to swat mosquitoes.

Rough life for these folks.

Welcome to this neighborhood.

Gail

 

[Zigner]

Oh gee, the suffering from not having being able to have parties and having to swat mosquitoes.

I'm pretty sure that the OP paraphrased the complaint. Before I pass judgment on the other party, I'd like to know what the actual complaint says.

 

[justalayman]

Oh gee, the suffering from not having being able to have parties and having to swat mosquitoes.

Rough life for these folks.

Welcome to this neighborhood.

Gail

I’m thinking the damage to the fence and the lawn were the bigger concerns

 

[stealth2]

Unless the planned party was on the order of a wedding reception. I could see that being kind of a big deal...

 

[adjusterjack]

Baylor, your homeowners insurance should have a toll free number that goes direct to the claims department. Call first thing in the AM and report "I have been served a lawsuit claiming that I damaged my neighbor's property. Please assign a claim rep and a claim number and give me a fax number so that I may send you the lawsuit."

Your homeowner's insurance has a duty to defend you against even baseless lawsuits.

If, for some reason, you don't want your insurance involved, then follow the instructions on the summons as to whether you file a written answer or have to appear on a certain date.

 

[baylor3217]

Did you hire the builder to build your home or did you purchase home from the builder. It can be difficult to determine which applies in some cases. With he latter it doesn’t mean you wouldn’t have had input to the building of the home.

Well, the builder was building on this land due to my building a house on this land. It would seem they have some responsibility to do it in a way that is not destructive to the neighborhood.

For example, if the builder started a fire that burned down all the houses in the neighborhood, would that be the person that hired the builder's responsibility?

 

[FlyingRon]

Of course, they're not going to cover claims that arise from actions before the policy was effective.